The Sun. — London, England, 1808-09-01 00:00:00

aild that helms tio other means of paying h:.,'~bu . - L ~,ni tiles:: grounds he , applies to Chancery this Cuurt, for the writ of injunc(ion io re s;ra,,i a sale under these executions. I shji not buttum a decision upon the peculiar circ,.n*,4pc,es c this case only,. or as a parliewar cas, . . such leatutes of hardship and -oppre:isi,,it as render necessary the interposition . of this branch ref the Court. On ,the contrary, I shall view - this as a case in which all wir citizens aru interested, and Is cal culaied to establish a precedent fur - the general benefit.. ask this.question—ls' it not against equity and conscience, is it, not in the highest degree oppres sive, to compel the . Sheriff to obey. the mandate. of a .ti, it of eecutiow, when the facts are before-the whole public, that the sale of produce, in its: usual course of traffic, is susPend.td, or-bought up mo nied men, from the necessi:ous planter e for fig ? From the planter, who must sacritipe.his crops to prevent a greater sacrifice—who Lutist sell, to ob lain provisions (if a cotton planter) fur his negroes, and necessaries for its family—who must sell for this song; to pre - vent his negr,ts (a more valuable pro perty, and upon whose uninterrupted labour and increase the suture support of himself And Children depends) being - knocked down, under the hammer et the. Sheriff, at a price far less than one-half of (heir cash value? Is this picture over-charged ? Is it not rather a correct delineation of the distresses of the agricultural interest at this moment ? If it is, then relief ought somewhere.to be found. It has been, and is at this hour, a subje of suffi cient magnitukto require one of the extraordinary meetings of the Legislature, which the Constitution authorizes. But, until a legislative suspension of sales is given to the people, relief cannot be afforded by this Court. , 1 have :given ' , to the powers with which the law and the constitution ,:iave invested me their full de liberation ; and though I do not pos,sess all the powers of a Lord Chancellor, because, by our local system, the interposition of a jury is renniredin equity cases, let . that system cannot, and does tint, interfere with these matters in Chancery, Nv their nature must be exclusively referred to the dis cretion of the Court. Oi this nature I consider ap plications for the writs of injunction. An inj - unClioa is a prohibitory \ wlit, restraining a person from committing or doing a thing which ap pears to be against equity-and conscience. This is the simple definition given by one of the elementary compilers, and it is sufficiently compre hensive for me to adopt it. The principal use made of this writ, is, to re st:ail!: some. rigorous proceeding at law. I shall then consider whether a sale by the She rift., at this crisis of our 'national atfaits, big with calamities, as I have before described, to the agri cultural interest, should be restrained as a rigorous proceeding at law—and as a proceeding against equity .staid conscience. - Ist. Is it a rigorous proceeding at law ? An execution,is the la..A wage of• our common law pro ceedings. It places the person, or the property of the Defendant, at the Nercy of the judgment of the Creditor, who may make his elotion. lam speaking of the execution. of which hothingcan be alledged in Chancery against its parent judgment.— Of this nature are the executions before us; and they assume the_ appellation of rigeuroupT,proceed ings, becabse there is ho rernecly at law, and unless a remedy is found some where, ruin stares titeDe fetidant in the lace----a ruin not brought on him self by a \':ant of probity, or of property in his pos,e-sion, exceeding probably ten times, at a cash valuation., the amount •-ontained in- the executions, but a ruin brought down upon him by a necessary measure of National Legislation -and Government, which, unfortunately, obstruCied- the channels through which he had been accustomed to pay'bis debts, probably with putanality. 2d. Is it a proceeding against equity and con science ? _ This is the broad basis of the writ of injunCiion. It is admitted by both sides, that no remedy can di..,t. rt . • . '` . ..l.lraillr -- , - - ._.. _ ../ ,r• _ • ... . i . . , J ',. 0 $. • , '.. . e` ii- . -;:...7.1.,::...T.7.1.-':-.:.-:-7.--= - -:-=.7 . --2..:1!.._;..-. .— -.• .resOrt to 1. 4 .(tr) .. $ ..... ' 7li :_;. A111E.R.14 N• E. 31 •,.. . prece.s.ients . \ - their, fall -'. .......• , - elgiii;kiediaiitl'.. ty i. and thong, edetits ma , • .--' militste ao - ainst"tlnit:sticc - which • peculiar sir- The IMPORTANT CASE, X * •IN t" c' • 1 C11111S13:1Cei of a partiOtThr case may require, yet, for came c ' f.c.•;.0 IT Y 2 BE .. ," ~, the sake of general and uniform pules, a Judge will . cause E.r-purit! .p.Au 1, ciii ~ ~: !IV- .1.: 'in deviate from the established and settled pin- by the This , , i s a nui : in.' eqnitS., s 4 in4tiJ,stltlW ,to accommodate the chettiL t• ices of one ease, to be iudi4rnents I d '.i.), en city - ii IQ,' ag t toot, .i- ' 'ewer strong the rea,On InA). e -to exeinpt . it Defeo 'C e oin• lainant, Paul Grin ' • ',Q. () 11 ')Ila -. 1 from the operation of precedent, ' to be ...• • - ,- • l..•iie h. , ,r lur st - )60 nol- 1 J the Ca Se of Doe v. Pott, 2 glt 720 ; Lord Virtue that executions had ° Mansfield is reported to have said, ' the absurdity for tv i ...i. , , . „•, at id. 1 c i. :, l f o‘, l , .., l o a r , d v. L " ineoln's cAse is sh o ckina • however, it is b 7 place 4 % ' . • ; \.k '011 8 ; 1 ( d Ir a ov s e al r e nit t l i c lrt' s at t e t i )Vi 'l l ' ' This observation of hie Lordship may be Jury c. ed as. the most st • .- ante , of the au- lind al o precedent. adjour -fled, ' is go- night, , and .• , spea leadir! precede , ye these; hi theft • , h , Lady t .:' case. , , lar4e • 1 , Britain is.. l i wli . h •••. • ive him but 'on • wil e . i he li k r ; ja ‘,.:een • . to E g • . ~v, ! , ily LA V.• • , • -amr - s in executiOn, and equity, to a'', o Now . , -rrY•v n : •surviv - c; , -,•)osed the injunction, priticipallyon the ground, to the latter. ''' t , ,' '... w ; r aising t -• tnat it could not issue from the apprehensions of the The law's' tubborn ks ou $ estate: party ; and no levy or sale. wits yet ordered ; and " for itself a c e from which • : -ion can al- Sir J , CAI th , Complainant ought to give security before lure—no ob impede. • other to e relief prayed for could be obtained. - • It neither to tl . the left.---It This Upon which his tionaur pronounced the follow- ne i t h er , re l en •forgives• is , its mandates, had 0 tree:-- _ - and will bee' eyed. It takes into no couse- , Than) - eogi.., ch4harn County, Superior Court, April 8, quences. • .1 duly • • - r.;.1, ' Lx-Pate, Paul Griinb4ll-ill Equity. ,By Fiut justitia is its maxim, whet, ontemplat- : be . s . ses, f ww.: Cit.alt.al. io ing its operation upon a nation or tut virtual. • ca t it ~. The Complaipant in this bill, states, that,execu- • We perCeive at once, that suc • be thr• :of O lions liaie been issued against nis prupertjr, and a . nature and effects of law, they nece :ult from : tions , levy and sale menaced ; that if a ~ale is trade by.tne that indiicriminating and eternal justic n which escrut .Sherid, at tint; time, when the pecoliaceinbai - - ,_ ft tionkl I , - . 1 the common law is founded. . rasstnents, occasioned by the. Embargo ACI, are so Our ancestors felt, as w.e have felt after tern, the iwir v il,l-al- and distressing, it will invohe hi in in ruin, . , some of soe tribunal, armed with attri- lett „. as no pi ice, or a }air ,pitce, can be obtained tQr lies i bute„ot alleviatinz the inexorableness o e law. pqsoi ,2r" Oft2 . 7lVG . t EIRTH.DAY OF THE PRINCE OF WALES• flnult SOf 01 le lIIIAL most promising appearance. Let the writ of injun&ion, therefore; issue, to stay sales upon theSe executions, until th first day of September next, the Complainant Of °siting with the Sheeiff,' when required, to meet the dity of sale, sufficient rtoperty, the valuation of which to be,as. certained by the price at market three months gre ceding the Embargo At% 40ND(14 : Frtnteo RICHARn HARRIS, Of No. 4, Martiett.couri, Low-street; and pubil . sral by Vi ILLIIC.6I A RMI.GER SCRIPPS, S.Alth N1')ItOl At the Surt-Owcz No. Strand; where Adve? lisernente; Orders tor the Paver, I ettrrs for the Editor, &c, Oust-Paid . ) L n-strtet, C rosVenor-tqt:4lC; nust be addressed! \ ‘,., .. tiTititEil, IS ART. V. HARRIS, Mi. ae Solicitor-General e Sir Tnosais Yeoman, who e down upon a Special Retainer, opened this ,e on behalf . 91 Mr. _Harris, that being decided he Learned Judge, -atter the. point was argued, re be rightaatirs‘e, although', Mr. Harris Was tidant, s beVStrz the affirmative propositiOWaa i : re made out by him, he claiming an Estate n ae of the Codicil of a Will. The cause lasted twenty-three hours, and .an..adjournment took !e in the middle of Mr. GAR Row's address to the on behalf of Sir John Cottrel, for Mr. Garrow also come down upon a Special Retainer. The mourn - lent ,toot: place between nine and ten at' it, m oil s eight the l ellowing morning. The it 're Vaas V . this case were shOrtly ie:— ~ .., , , , g .wasi. the Steward of an elderly ,y of a -ptperty, both real and personal e fliileer , le tt Les in Worcestershire, the mansion of h N 6 ineßenley Park; and two others in other mes, iltly leasetiOld hoosoCin London, "where d 4virfa residefiCeand_Very large personal pro- . Itifi,, Harris had obtained - much of the' eateem ass (I T, who arrived to theaaeoartrafced age of 70. , 1 laid:fad Steward for four-and-twen -0„ . ai S • n by /i< letters and correspon • uence be ' "r. !en him'earid "She J.pittlrel, Mr. Harris clairee- ''' .- In the southern parts of the Island the harvest merit of hang in ' , iced Sir J. Cot trel itito the ' work has been chiefly finished, and the grain most'? d ije ly of, this Laaty a - ' 4 r maiden sister., W hoin ahe w elf secured ; and in the more north e rn di s t r id s this jivedand Whreha taivaThianceeeoded in titer de- sort of held leboor is in an unusual state of f or ward ig to . Sir John Comirel one of very large reess‘; a fortnight will e probably. if the seas on coo les s of which she L a d - tiae?disposal e btOavhith times fine, put a period to their wotk. in biatb. John. Cottret would haVe - had in the event parts of the kingdom the crops are very fine, and er dying intestate, for he is her heir‘at law.— in general full ; but in the'furmer, the Wheats have; s lady drew her will from a form which she been more injured by the SMlli and mildew than in ' ot Mr. Cowper, an Attorney at Henley-upon-,I the latter. There - can, however, be no doubt of Imes, and wrote it net all in her own hand, and there being generally a very good harvest. executed it, and it was duly attested by wit- The turnip,crops, especially those put in at a late_ ;es. She kept it l o cked up, 'without communi- period, have come on . better than could have been ag the contents of it to any body. On the Bth supposed ; and if the weather should be droppy,they Oetober she being ,feeble and in bed, gave direr will probably be good crops. 'Those which were sto her waiting woman to take it out of • her , early sown are, frogencrol, excellent. A great ea 'moire, and to give it to Mr. Harris, with direct- fent of land has been well prepared for wheat in bot 4 ,sfor him toopen it ; which le did, and,,ttiTo.. 7 , the above parts of the 'kingdom, and will be sown Ithere were * omissions in it ; that she hki ndt as soon as seed can be provided. The ntatatoes in all eto any one the residue of her estates, real or i • more northern pats of the cottony have Lb' , • bute „et alteviating the inex, .oleness , peasonal; and therefore he went to her e and soon of- This tribiinai is called a Court of Equity, whose ik; epaTossed with his 'Own *els a codicil as ta decisions aregoided by the particular circumstances foows :••=" I, Sarah Freeman, of Henley Park, in at each case. ' the County of Oxford, widow, having made my will Tnis Court 44 Equity lends mercy to the law, and the a7th of .June last, declare this to be a codicil steps in as a kind of mediator between rigid . justice, thereto, _and desire it . to be considered as a part as established by the attaicial institutions of society, thereof. By my said 'viii I have left several annoities-a and that justice which traces itsorigin to the laws of to my servants and other persons ; and it. isetny , '', nature and of God. - Will that all the said annuities so loft by my will, -! Incases like these before me, the law places.every shall be charged upon and payable out of my estates • thing at your disposal. It holds out to aon the in the parishes of Astley, Shrawley, and elsewhere, means of rioting upon the spoils of.your neighhour, ' in the Counties of Worcester and Hereford ; that I your debtor," or the community. - , ' have bequeathed to the Rev. Denham JaMes and The nation, in order to redress itself for outrage; Joseph Cookes. I have also in my Till omitted to on its sacred rights, imposes distresses on its own mention the residue and remainder of my estates, citizens. These distresses are the deprivation .of . real and personal, wlaicir it was and is my will to those means : which heretofore poured wealth or : give and devise to my Executor, Joseph Harris, of competence into the lap of the planter. Stanford, Worcestershire, after paying thereout all His ostensible wealth is, however, now the same. ' my debts, legacies, and funeral' expellees ; and I ac- He shews you his cotton, his rice, and his negroes. cordingly give and devise the same to him and Ilia He proves to you that his property has even greatly heirs forever.Sarah Freeman. Signed, sealed; and accumulated since he engaged to pay y o ur debt ; b u t delivered, by the within-named Sarah Freeman, as to pay that debt now, he tells you he is unable, un- a codicil to her will, m the presence of us, this loth I`. - ss 4 sale is direded by the Sheriff, the eongequenee , day of Odober; 1806—J. - Taylor' , M.D.; L. C o ol - Of .which would be a payment to you of four-told, ' son, Surgeon . ; Edward -Mason, servant to Mr. - for a sale of his property now would amount t o a ' Harris."—This Lady had.by her will left all the rest diminution of quadruple its intrinsic and just value, of her estates to those from whose ancestors site had and in thateratio less than it would have sold. f o r at derived them, and the single question in the cause, market previbus to the embargo. was—whether this codicil , was fairly executed by How immense, and, at the same time, how un- her ? righteous are the advantages which the creditor de- 11 , Irs."White, who had been her servant for many rives, if he himself becomes the purchaser, and pays years,_ and having married lived at a distance, but with *his judgment ! how much more unrighteous attended her in her last illoess, gave an account of and against conscience is a purse, under these cir- her state , of health.- She was ill and rambling in her; cumstances, by a capitalist, w h o , w ith-his ready mo- • mind, and .talked incoherently, on the 6th. of Oda.; t nq, speculates upon the misery and the ruin of the ber, fancying herself on a journey. from Sbuthamp a uolortunate debtor ! , , - l ton, &c. but being brought , to the window of. her I shall, therefore, bottom my decision upone the t bed-room, there seeing her servants, poultry, cat abstrad grounds—that cases of this description in- tie, &c..upon thd linani, she suddenly recovered and, volve hardship and oppression —that they-are against became heraelfagain, and clear in her understand ; . equity and conscience—that they are promotive of hag, ; continued so , the 7th, sth, gth, loth, ammo injury to the 'public—that they enable monied men 1 Ith of October; bat on the 12th she began to ram to aecutnulate usurious wealth ; and that they tend ble again yet worse, and until the 24th, when she 'to convert a just and •salutary measure of the Govern- i died. ' Mehl into an engine ot political diSatfeaion, through .Other servants corroborated this statement,. and the medium of the feelings of distressed and persecut- t added many particulars, by which it appeared4at ed debtors. the codicil was fairly executed. • ' It appeared by the evidence of many other most respectable witnesses, that .Mr. Harris Was on the footing o` intimacy and . affeaion with this Lady. By the evidence of Lady Malmesbury and Mrs. Rice, the sister of Lord '.l..)onovAt, .aid others, that Mrs; Freeman was a•Lady of a very good, but of a very - unbending mind ; not apt to give up her opi nion, &c. and that Mr. Harris was genet - ally of the parties when these noble persons visited her. Mr. The wife of a coach-maker in Long-acre was I Harris was Mrs. Faeeman'a legatee:under her Will, crossing the Strand last night, about eight ce ck, f .i before, the codicil, and had a' legacy of '5OOl. by It. with a child in,her arms, when a' Gentle , e ee - a . oport of this action Of. at,o, was cou ejeament brought by riage ' drove furiously up : the - woman h , ohn Coltrel, as heir at lit 'tended, . time to leave the way, and in . sodoing, drol . '' - t this Lady was not in her rigiat mind avhen child, which was immediately run over and Li . lie executed this codicil ; that,,Mr. Harris imposed the spot. It was taken into Dr. Stanton'.s h ' pon her for his own advantae - e. The chief Wit and by him examined, but to. no purpose, 'as it nesses in support of this:were, ° Dodor 'Taylor, the previously expired. tysician, and Mr e Coulson, the Surgeon, who had . . laannaU. ATTEMPT.—EarIy on , elided her. The substance . of their testimony e Tuesday mornin• . was, that although site was not lunatic at the time some villains attempted to enter Chevalier Rosria; I : a she. executed this codicil, she. was notOin their tli house in Pall-Mall, but were preVented by the nion e of such a Sound and disposing mind as to be he timely interference of Mr. RUSPIN I, who went down capable of bequeathing her estate 5 and that' h stairearmed. The fellows made a precipitate retreat. • they beets aware t A Coroner's Inquest sat yesterday at a public- - his codicil passed away her real' "on the body of a person of estate, they would not have attested, it ; hat they' house near Ball's Pond, the name of Jones, who expired in one of the North- thought it wasorily to supply some legal diV, in the will, anal give it vigour and' die& as a legal in . - ern stages. The deceased, it appeared, resided .in atrument, &c. Nottinghamshire, and carried on the business of a.. land-surveyor. He suddenly dropped his head whilst After a foil investigation tilci an impartial cliaage from the Judge, the Jury, after having retired fur travelling in the coach, and expired without a groan some time returned a verdictfor the Defendant, to an apople-aic fit. Verdi a —Accitlenial . Dealh. , . Mr. Harris; upon .which a sudlith burst of applause Monday morning early, while some thieves were took place, and such huzzas, that letiecame necese in the act of carrying off a quantity of valuable ar- sary for the Learned Judge to exercise his, authority tides, which they had stolen from the dwelling- J to restore order, by threatening to - cOmmit . a 4 bae, house of Mr. Sanderson, in Watworth,they were 'who could be discovered to have joined in the nOise. discovered by the watchman, who, in - atteMptiag to 'This is a second verdict found in. the same way,' ow secure one of them, was knocked dOwn anti re- i the same question,lattween time same parties. The tnained senseless for some time; during which the -cause excited such interest, and the 'Hall was so villains made their escape - , leaving their booty be- thronged, that some of the Attoidics concerned hind.. ► could not get at the table by the Counsel. C4JERNSEY RACES, AUG. 17. For w Subscription Silver Culs, the following horses started tiarthoiornvi's gr. h. Diomede' - - 1 1 .140 r C ha:nbzi I:Jill's gr. nr. 'Margaret - D,rl4:or fesop's ch. h. Icrsty - - - Heats Well contested between the two first .1 I 1 2 1 A, silver Cup, value Elgs. for horses carrying last. TWO' heats, and rode by Cent!eaten. Major Chamberlain's b. g. flobt - 3il - I I, Sir Edmund Neagle's b. g. :Tom Pipes - 2 2 Col. Drummond's b. rn. kVouslty - - cast. Second heat stverely contes'ed. A Poney Race, fi.rs. Poney entitled to Sad , Pe, second to fi Mr. Mart's hl. poucy, Young Eclipse Goold's gr. poi - my, Baker Mr. Dixoo's bl. !Raley, Witchcraft Two others start.:(l, but were distanced the first heat. His Excellency Sir JOHN Doyt.E, I3art. Sir, E NEAGL : E, Major-General ERAstit,' and almost all ~ • the Gentlemen of the - navy and army on the Island, attended the-Course, which was also graced by the presence of a great number of beautiful and e;egant females. I t boi 2 tL: MONTHLY AGRICULTURAL RAPORT, DUBLIN, AuGusr 27. Howalt.—The new Pier,. at Hol,vth is carriej nn wig j~ extraordinary - expedition : scarcely - eighteen : months have -elapsed since the undertaking 4(-11)- meheed, and there is now- completed a solid n:ul twelve feet above high-water mark, resting on a foundation, - and projec upwards ot 1000 the sea. • At the foot of the rocky mound upon which the Martello Tower standu eastward of P.0 , .0 1 . 1 town, the Pier commences, and continues in a direr' tion pointing to the east end of Ireland's Eye be" - tween which and the extremityof the Pier will be left a passage of about five hundred yards for tho . admission of Vessels into the. Harbour, which will thus be. formed between the Baidoyle. shore and tb .new 'Mole, A Flag-staff is now fixed at the distance to winch. it is intended to carry the Pier, about LOW ) feet farther. It -is , by an attention to natural areas that fill Mole, constructed upon. the simplest principl e s, air' forming an impenetrable barrier agaiast the SO' has been so rapidly as well as solidly construticd; the shore abounds , in- loose stones; the space IQ . be enclosed is 'also covered with rocks,' easily re" moved, and bare at low water ; ' these are -colieJ4" ed - and dropped into the sea in the dire lion •poihtej out by the Pier by the operation of, the wave' and their own_gravity ; they are at- first disperst'' over a large foundation, upon: which other stoilt' 4 .Efre dropped, and ' as' the, mass arises from the ,ea, the materials -stand and establish 'themselves at al' angle lat which. they naturally fall, so that altilang li the Pier does not exceed forty feet in width at tO top; the base , under water is -probably much roar° than one hundred; • A mere inspedion of this useful work is safe'' dent to shew its advantages,; the-want of a Port Oi l our Eastern ,shore,, from tieltast to Waterford, into which VesSels in distress could run at low water, admitted•by all persons Conversant with the 16 5 ° Channel. This Pier encloses exaelly such a pla o 4 '.,of shelter, and also offers a. convenient tying 00 1 ;,, ._.eastern side for Vessels prevented by westerly .wits" from entering the harbour of Dublin ; an ativantg? of no slight moment to the trade of this•city. DILiD. On Wednesday the z4th ult.- at Stone-House, Plyrnotl tll :, Mrs. Parlby,' wife of 4 , lajor lames earlby, of the Eriginee' , " . Beog.nl. I. the 2.5 th Nit. at Green , xich, aged gq, Mrs. Mary 10 °5 ' eldest and last surviving sistcr.of lone lyrics ; Esq. of 131a0" . hall, in the County of Montgomery. On Saturday last, at Hammersmith Terrace, Frederick A l ' ben, Esq. of St. I Palace. On Sunday morning, at Margate, William Whiting, Es 4^ .of Thatchatn, 'Berks. On Monday last, in his 65th year; Samuel IVilscet Esc of Holywell, Oxford. —OO PRICE ot.' .5 TOC:KS YESTERDA.Y. . ~ I3ank Stock, 239 i India .Stock, - , Navy 5 pet Cent. 97 ?. i i India, Bonds, 4s. 3s. pr. ..... 'lrish 5 per Cent, E xcheci."lii i Is, 6s. as. 4s. r w 4 per Cent. 82. 82. ii, a Omnium, xi i ctis. per Cent. Kett. 66 t i A-L- iin peria ) 3 per Cent. 6_5 1: 3 per :..'ent:•Con. 65 i 6i ~ Ditto Ann. 7 i 'Bank 1... .Ann. IS i 7-16ths Cons, for 13th Oa. 66 s i' 661. _....4 HIGH WATER AT LONDON BRIDGE TO- ~ ; ~()iZ~ ROW. Morning, o min. after o. Afternoon, 15 min: after t 1• " M 'OL~i'J I) i't it 6•'Si LSD S [HP AVE 111. ORA-V e3E'ND, AUGUST 32. Passed by—the GovernOr Wile. Patterson, from Trirri" clad ; Perseverance, Broad, frdM Plymouth; Ann, Burnes" from Oporto ; and the Brothers; Evans, from Waterford. Sailers--the Pomona, Merida, and the Nep tune, Gilbert' : for c BIRTHS. Oill'hu'rsday last, the Lady . : of William Hayward, s ' l ‘ of Great Ortnoncl-street,..,of,a Daughter. , On Sunday last, at „Hitiin,gdon, Lady ileinirig, Esq. of a LY:iughter. 41 R1?I En On Thursday the ;Sal ult. at kolvenden, in Kent, tb' l Rev. lohn R. Coon:;,;, Vicar of Tentelden, to Miss MOP' ris, of Rolvencten. 7